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Madras High CourtCRP/1058/2021disposed of

Syed Mudassir Ahmed v. Yusra Afshan

2021-09-30Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2021

CORAM:

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN and C.M.P. No.8491 of 2021 Syed Mudassir Ahmed ...Petitioner in both petitions

Versus

Yusra Afshan ...Respondent in both petitions Civil Revision Petitions are filed under Article 227 of the Constitution of India to set aside the impugned order dated 17.09.2020 passed in I.A..Nos. 1 and 3 of 2020 in G.W.O.P. No. 214 of 2020, on the file of the V Additional Family Court at Chennai.

For Petitioner : Mr. Hari Radhakrishnan (in both petitions) For Respondent : Mr. Ashfaq rafi (in both petitions) ****** C O M M O N O R D E R Since the issue involved in both these Civil Revision Petitions are one and the same, they are disposed of by this common order.

2. These Civil Revision Petitions are filed challenging the orders passed by the learned V Additional Principal Judge, Family Court, Chennai, in I.A. Nos.1 & 3 of 2020 in O.P. No.214 of 2020.

3. I.A. No.1 of 2020, was filed by the petitioner seeking interim custody of the minor female child namely Hamna Fathima, to the petitioner during every weekend i.e. from every Friday evening to Sunday Evening. I.A. No.3 of 2020, was filed seeking grant of visitation rights to the petitioner to meet the minor female child namely Hamna Fathima. These petitions were dismissed by the learned V Additional Principal Judge. Against the said dismissal, these Civil Revision Petitions are preferred.

4. When the matter is taken up for hearing, learned counsel for the petitioner restricted his prayer to the effect that his daughter may be shown through Video Conferencing either by Whatsapp or by any other mutually agreeable means, for about thirty minutes, once a week.

5. Learned counsel for the respondent is also agreeable for this proposal. Learned counsel for the respondent submitted that the petitioner is not paying the maintenance to his minor daughter. Therefore, the learned counsel for the

petitioner has given an undertaking to pay a sum of Rs.10,000/- as maintenance to his daughter and also pay the School fees of the minor child.

6. In view of the voluntary undertaking given by the learned counsel for the petitioner, without there being any application filed, the petitioner is directed to pay a sum of Rs.10,000/- as maintenance to his minor daughter and also the School fees.

7. In view of the understanding reached between the parties, this Court is not inclined to go into the merits of this case, but on the understanding arrived between the parties, the respondent is directed to show her daughter Hamna Fathima, to the petitioner through Video Conferencing either by Whatsapp or by any other virtual mode which is mutually agreeable to both the parties, on every Sunday, between 11 a.m. to 11.30 a.m. No further order is necessary in these Civil Revision Petitions.

Accordingly, these Civil Revision Petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.09.2021 Index: Yes/ No Speaking Order / Non-Speaking Order bkn/jai

G.CHANDRASEKHARAN, J., bkn/jai To:

The V Additional Judge, Family Court, Chennai.

C.R.P. (PD )Nos.1058 and 1081 of 2021 30.09.2021